Where parties inform the court that their dispute has been settled amicably outside of court, the High Court may dismiss a pending appeal as infructuous. This order follows existing precedent and confirms the discretionary power of the court in motor accident compensation proceedings. The judgment reaffirms current procedural law, is binding on subordinate courts in the State, and is persuasive for similar cases in Motor Accident Claims.
Summary
| Category | Data |
|---|---|
| Case Name | MAC/667/2023 of SAURABH MALIK Vs RAMU KASHYAP |
| CNR | CGHC010140832023 |
| Date of Registration | 27-04-2023 |
| Decision Date | 11-09-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | HON’BLE SHRI JUSTICE SANJAY K. AGRAWAL |
| Court | High Court of Chhattisgarh |
| Bench | Single Bench (Justice Sanjay K. Agrawal) |
| Precedent Value | Binding within Chhattisgarh; persuasive for similar motor accident compensation appeals |
| Type of Law | Procedural (Motor Accident Claims/Appeals) |
| Ratio Decidendi |
Once parties settle a dispute amicably out of court and inform the court, an appeal arising out of motor accident compensation proceedings may be disposed of as infructuous. The appeal no longer survives for adjudication as no cause of action remains. The High Court, upon such submission, is justified in dismissing the appeal accordingly. |
| Facts as Summarised by the Court |
Counsel for the appellant submitted that the parties had resolved their dispute amicably out of court, and therefore, there was no surviving cause of action for the pending appeal. The court, taking note of this submission, dismissed the appeal as infructuous. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Chhattisgarh concerning disposal of infructuous motor accident appeals due to out-of-court settlement. |
| Persuasive For | Other High Courts and tribunals dealing with similar procedural scenarios in motor accident compensation appeals. |
What’s New / What Lawyers Should Note
- Reaffirms that amicable settlement between parties in pending appeals can lead to disposal of the appeal as infructuous.
- Counsel may, upon settlement, request the court to note the resolution and dispose of the matter accordingly.
- No detailed recording of settlement terms required; court’s satisfaction upon submission is sufficient for disposal as infructuous.
- Useful procedural precedent to expedite conclusion of pending appeals post-settlement in motor accident compensation matters.
Summary of Legal Reasoning
- The judgment opens by recording the submission of the appellant’s counsel: parties have settled the dispute amicably out of court.
- The court finds that, upon such settlement and the submission made, “no cause of action survives for consideration.”
- On this basis, the High Court disposes of the motor accident compensation appeal as “infructuous”, providing judicial endorsement of settlement-based closure.
- The judgment is limited to verifying the fact of settlement and exercising procedural discretion to close the proceeding, with no further fact-finding or adjudication on merits.
Arguments by the Parties
Petitioner (Appellant):
- Submitted that the parties had settled the dispute amicably out of court.
- Requested that the case be disposed of as there was no surviving cause of action.
Respondent(s):
No recorded argument or objection appears in the judgment.
Factual Background
The appellant had filed a motor accident compensation appeal before the High Court of Chhattisgarh. During pendency of proceedings, the appellant’s counsel informed the court that an amicable out-of-court settlement had been reached with the respondent. Upon this representation, the appellant sought disposal of the appeal as no further dispute survived between the parties.
Statutory Analysis
- The judgment addresses procedural aspects under the law governing disposal of appeals in motor accident compensation matters.
- No specific statutory provision is interpreted or discussed in detail within the judgment’s text.
Procedural Innovations
- Reaffirms the procedural route for summary disposal of pending appeals on the basis of post-filing amicable settlement without need for detailed enquiry or protracted proceedings.
Alert Indicators
- ✔ Precedent Followed – The judgment applies and affirms existing procedural practice regarding settlement and disposal of infructuous appeals.